Pleadings

– ultimate facts and should already include the evidence

TN: The crafters of the amendment found out that there are many lawyers who are very good in writing
complaints but they do not have the evidence

- Names of your witnesses, summary of your witness testimonies,

o Mahirap pag wala kang evidensya
o Pero if may ebidensya ka, madali
o By the time you filed your pleading, you should be ready with your evidence
o JA Rule:

Only witnesses for JA will be presented during trial

The documentary or object evidence should likewise be stated.

Object evidence? Ex. Cellphone, small object,

TN: He thinks it is best to indicate that you are ready with it. Ex. If real property, you cannot bring it to the
court. Just allege with indication that it is available for inspection of the court.

REPLY

SIGNATURE

- Do not ignore
- The signature of the counsel constitute a certificate that he has read it, based on his knowledge,
information and belief, inquiry reasonable under circumstances
- OLD Rule: Medyo alam ko, mukhang tatayo naman
- NEW Rule: Clear duty to conduct reasonable inquiry, baka binobola ka, ask deeper questions
- Now the lawyer is practically giving a certificate
- You have to police your ranks! Because when the pleading goes up, lahat kayo damay.
- The very moment you sign, you
o It is not for an improper purpose or to harass, or to cause unnecessary delay, to
needlessly increase the cost of litigation
 Needlessly increase the cost of litigation – pagoran, yung may makinarya handang
lumaban ng matagal
o That your claims, defences, and allegations are warranted by law or jurisprudence
 You should not be making frivolous allegations
 Do not lodge useless appeals or petitions
o Factual contentions have no evidentiary support
- Sanctions
o Non monetary or monetary
o Reprimand, penalty
o You can be required to pay to the court or movant
o Referral of an action for disciplinary action
o Administrative case
Partner, associate, law firm itself, party that violated the rule will be held liable
- Verification
o Verification of the client – either individual or juridical (through officer)
  Harrass, needlessly increase the cost of litigation, xxx
 Factual allegations therein are supported by evidence
o Verification is a certificate of truthfulness of the allegations

Amendments

- You cannot amend to confer jurisdiction

- You cannot amend to confer cause of action when in the first place the complaint had no cause of
action
o Can you alter the cause of action? Left to the discretion of the court
o MAGANDANG TANONG SA BAR EXAM!!!!!!!!
- No amendment to conform with evidence
o What you allege is what you have to prove
o In the course of the trial, you prove something that is not in allegation, the court will
allow you to amend to conform with evidence
o NOW: no longer provision amendment to conform evidence. However, when you prove
something in the course of trial, the court can still render judgement based on the
evidence proved.

Extension of time to file

- One extension of 30 days

Other pleadings

- Prohibited, extension of time

Manner of filing

- Answer to counterclaims: old, 10 days; new, 20 days

- Supplemental complaint: old, 15 days;
- Amendment as a matter of right: 30 days to file an answer

OLD Rule: personal or registered mail

Ordinary mail, only for service

NEW Rule: personal, registered mail, accredited courier, electronic mail ( for as long as the court is
electronically equipped)

MODES OF SERVICE

- Service by a party to a party

-